An Australian survivor of the 2002 Bali bombings says he is surprised the alleged mastermind behind the blasts, Hambali, still hasn't faced trial, and has accused the Australian Government of not pursuing the prosecution more vigorously.

Hambali could be tried in Australia or Indonesia

US military defence lawyers for Riduan Isomuddin, known as Hambali, said their client was not getting justice through the war court at Guantanamo Bay, and would be open to him being tried in another jurisdiction — possibly Australia or Indonesia.

Hambali had been held without charge by the US since his capture in Thailand in 2003.

The war court prosecutor at Guantanamo drew up charges against him in June last year, but they went nowhere.

"When we first heard that charges had been sworn out against him last summer, [it] was for him sort of a hopeful sign that finally, something might happen," Lieutenant Commander Greg Young, one of several lawyers representing Hambali, told 7.30 in an exclusive interview.

Unlike the first charge sheet, the second includes charges against two alleged deputies — Malaysian men Mohammed Nazir Bin Lep, known as Lillie, and Mohammed Farik Bin Amin, known as Zubair, who are also held at Guantanamo.

"I think one possibility is that they could be trying to pressure the deputies into turning on the alleged mastermind," said Carol Rosenberg, a Miami Herald journalist who has been covering Guantanamo since it opened in 2002.

"I think they could also be doing judicial expediency — why do three trials if they can do it at one time?"

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